Worker not guilty of stealing road commission funds

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ESCANABA - Not guilty was the verdict handed down Thursday in the misdemeanor theft trial of Hugo Dennis Mattonen.

A Delta County District Court jury Thursday found the Delta County Road Commission employee not guilty of stealing property from his workplace.

Mattonen, 55, Gladstone, said, "I am excited. Justice has been done and I am very happy." He was represented by attorney Randall Phillips, Menominee.

The one-man, five-women jury deliberated approximately 25 minutes before returning with the verdict.

Mattonen was charged with the June 11 embezzlement by an agent or trustee less than $200. The case involved damaged signs owned by the road commission sold for scrap to Robert Pepin, Escanaba.

An investigation into the incident led to Mattonen's suspension in August from his position as stock clerk/purchasing agent at the road commission without pay. It has not been determined if Mattonen will be reinstated to his position with the road commission or if he will receive back pay related to the suspension.

During testimony Thursday before Judge Glen Pearson, Mattonen said he had been employed at the road commission for nearly 37 years, becoming the purchasing agent in 1989.

During his tenure with the road commission, Mattonen testified money generated from the sale of scrap metal was placed into an employee party fund in the past, and at presently was being used toward the purchase of soft drinks for employee consumption in the garage areas.

"I felt the money belonged to the Delta County Road Commission employees. There was no policy in place saying otherwise," said Mattonen. "I admitted to the deputy the money was in my wallet as I was going to make a soda purchase the next time I was downtown."

He also testified keeping the soda fund solvent was a challenge, as employees were able to purchase pop on an honor system for 50 cents, saying the sale of the signs was used to subsidize this fund. Assistant Prosecutor James Soderberg argued the elements of the case were the signs sold by Mattonen were the property of the road commission, and Mattonen was in a position to have taken the money from the sale with the intent using it for his personal use.

To bolster his argument, Soderberg called three witnesses to testify against Mattonen, including Amy Reinhart, finance director for the road commission. In her testimony, Reinhart explained her duties as finance director, and the road commission did on occasion sell surplus items at auction. "However, any sales were always approved by the board on a case-by-case basis," she said.

She also said she does not know how used signs are disposed of.

Also called to testify was Robert Pepin, who said he had dealt with Mattonen before concerning the sale of scrap aluminum, and he visited the road commission approximately two to three times per year.

Phillips, in defending Mattonen, called several former road commission employees who all testified knowing or having worked with Mattonen. He said monies from the party fund have been used for a fall retirement party and employee Christmas and New Years parties.

The former employees also testified as to the difficulty of the honor system concerning soda, as some people tended to abuse the privilege, resulting in fewer employee parties as time progressed.

According to minutes from a meeting of the Delta County Road Commission conducted Sept. 18, Mattonen was questioned by Commissioner Rory Mattson concerning work rules adopted by the road commission board received and signed by Mattonen in 1987 listing items which are considered major offenses and are subject to discipline up to termination of employment.

In the Sept. 18 minutes, Mattson listed Item B of the policy-theft or dishonesty of any kind. Item K-flagrant disobeying orders, Item N-solicitation or acceptance of a fee, gift or item of value from any person in connection with his/her work, also unauthorized use of motor vehicles and taking property or supplies without written authorization.

Mattson also cited in the Sept. 18 minutes the following: "The Ethics Policy and that was approved in 2005 and the Fraud Policy that was approved in 2007, memos written to Hugo Mattonen on Oct. 5 and Oct. 27 in 2005 regarding inventory control procedures. On Sept. 26, 2007, Mr. Mattonen gave a private citizen a key to enter the old garage and allowed the removal of items from there. In April 2008 the board reviewed the purchasing policy with Mr. Mattonen. In May of 2008, Mr. Mattonen brought shingles from his home and disposed of them in the road commission dumpster, which Commissioner Mattson considers a personal gain." Mattonen is also a member of the Gladstone City Commission.